The Artful Jurist

If you're you're like me, and you're keeping tabs on the David Letterman sex scandal, you just can't help but scratch your head over the potential defense that seems to be hinted at by the lawyer of the man accused of trying to blackmail the late night comedian. If I'm understanding correctly, Robert (Joe) Halderman's defense against the extortion charges might be that he was actually just pitching the idea of a screenplay to Letterman.

Hmmm...Now let me get this straight...If I write a treatment for a tell-all movie, the person I'd expect would most want to produce the movie would be the individual for whom the film would cause embarrassment and family turmoil.

Um...if you say so, Joe. I guess that'll be for others to decide.

Just to be clear, if you've got an idea for a movie—even one that would be highly embarrassing for the subject—you're free to pitch the idea anywhere you like. Assuming that you've got the facts to back up what you're revealing, a tell-all movie, book, etc., is protected under the First Amendment. However, extortion isn't protected free speech. So you can't legally go to the subject of the work and offer to keep it under wraps if the subject pays you off.